H1791B2033A03933 AJB:JMT 04/08/22 #90 A03933
AMENDMENTS TO HOUSE BILL NO. 1791
Sponsor: REPRESENTATIVE STURLA
Printer's No. 2033
Amend Bill, page 1, line 3, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 4, by inserting after "for"
State blight data collection system; making an appropriation;
and providing for
Amend Bill, page 2, by inserting between lines 5 and 6
Section 2. Chapter 61 of Title 53 is amended by adding a
subchapter to read:
SUBCHAPTER C.1
STATE BLIGHT DATA COLLECTION SYSTEM
Sec.
6135.1. Definitions.
6135.2. Property Maintenance Code Violations Registry.
6135.3. Property maintenance code violation reports.
6135.4. Dissemination of information by department.
6135.5. Compliance .
6135.6. Administrative requirements.
6135.7. Audit.
6135.8. Imposition of surcharge.
6135.9. Duty of Attorney General.
6135.10. Appropriation.
§ 6135.1. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Community and Economic
Development of the Commonwealth.
"Municipal claim." The term shall mean the same as defined
in the act of May 16, 1923 (P.L.207, No.153), referred to as the
Municipal Claim and Tax Lien Law.
"Registry." The Property Maintenance Code Violations
Registry established under section 6135.2 (relating to Property
Maintenance Code Violations Registry).
§ 6135.2. Property Maintenance Code Violations Registry.
(a) Establishment.--The Property Maintenance Code Violations
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Registry is established. The department shall implement and
administer the registry.
(b) Purpose.--The registry shall contain property
maintenance code violation reports filed by municipalities under
section 6135.3 (relating to property maintenance code violation
reports).
§ 6135.3. Property maintenance code violation reports.
(a) Duty to file report.--A municipality may file a property
maintenance code violation report for a person who owns real
property within the municipality with current serious property
maintenance code violations that remain unabated for at least
120 days.
(b) Forms provided.--Property maintenance code violation
reports shall be made on forms provided by the department and
submitted electronically.
(c) Information included.--Property maintenance code
violation reports shall include the following information:
(1) The name of the property owner whose real property
has been cited for a serious property maintenance code
violation. If the real property is owned by a limited
liability company or other entity that does not list each
principal of the limited liability company or other entity,
the department shall find the names of the principals and add
their names and the name of the limited liability company or
other entity to the registry.
(2) A copy of the citation issued to the real property.
(3) The physical address and county of the real
property.
(4) The number of municipal claims or liens attached to
the real property.
(d) Access.--The department shall make the registry
accessible electronically to all municipalities. The department
shall make the registry searchable by property owner or by
property address.
§ 6135.4. Dissemination of information by department.
(a) Availability of information.--Information contained in a
property maintenance code violation report shall be accessible
for inspection and duplication in accordance with the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(b) Requests by municipalities.--
(1) A municipality may request a copy of a property
maintenance code violation report on a pending applicant for
a municipal permit by submitting a property maintenance code
violation report request form to the department or requesting
the form electronically.
(2) The department shall disseminate a property
maintenance code violation report relating to a municipal
permit applicant to the requesting municipality within 10
business days of receipt of a property maintenance code
violation report request from the municipality.
(3) The municipality shall notify an applicant in
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writing of the reasons for a decision that denies the
applicant a municipal permit if the decision is based in
whole or in part on information contained in the registry.
(c) Requests by Commonwealth.--
(1) A Commonwealth agency may request a copy of a
property maintenance code violation report on a pending
applicant for licensing or certification by submitting a
property maintenance code violation report request form to
the department or requesting the form electronically.
(2) The department shall disseminate a property
maintenance code violation report relating to a State license
or certification applicant to a requesting Commonwealth
agency within two weeks of receipt of a property maintenance
code violation report request from the agency.
(3) The Commonwealth agency shall notify the applicant
in writing of the reasons for a decision that denies the
licensing or certification requested by the applicant if the
decision is based in whole or in part on information
contained in the registry.
(d) Hearing.--If requested by an applicant, the department
shall hold a hearing regarding the purpose for which the
property owner is listed on the registry, as applicable. If the
applicant submits a certificate or letter of code compliance
from the municipality to the department, the department shall
immediately update the official record in the registry within 48
hours based on the information in the certificate or letter.
(e) Record of dissemination.--The department shall maintain
a listing of Commonwealth agencies and all municipalities that
have requested information on a particular real property owner
and the date on which the information was disseminated. This
listing shall be maintained separate from the registry.
(f) Fee.--The department may not assess a fee for the
dissemination of property maintenance code violation
information.
§ 6135.5. Compliance.
A municipality that files a property maintenance code
violation report with the department shall subsequently provide
the property owner with a certificate or letter of code
compliance when the real property is declared to be in code
compliance. If the property owner seeks to have the real
property removed from the registry, the property owner shall
forward a copy of the certificate or letter of code compliance
to the department. The department shall include the information
in the certificate or letter of code compliance as part of the
official record in the registry for the real property and
property owner.
§ 6135.6. Administrative requirements.
(a) Procedures .--The department shall establish procedures
for the completeness and accuracy of information in the registry
and shall promulgate the procedures in regulations necessary to
carry out the department's duty of maintaining the registry.
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(b) Forms.--The department shall develop property
maintenance code violation report forms and property maintenance
code violation report request forms, as well as procedures to
obtain the information electronically.
(c) Security requirements.--The department shall maintain
the security of the information contained in the registry . The
following apply :
(1) Procedures shall be instituted to reasonably protect
the registry from theft, fire, sabotage, flood, wind or other
natural or manmade disasters.
(2) All personnel authorized to access registry
information shall be selected, supervised and trained
accordingly.
(3) The registry shall be available to the public.
§ 6135.7. Audit.
(a) Duty of Auditor General.--The Auditor General shall
conduct annual performance audits of registry operations for the
first three years of the registry's existence and then every
five years thereafter.
(b) Access to records.--The department shall provide
auditors with access to all records, reports and listings
required to conduct an audit of property maintenance code
violations record information. Persons that have supervision of
or are authorized to receive registry information shall
cooperate with auditors and provide requested information.
(c) Contents of audit.--The audit shall report in writing
deficiencies and recommendations for correcting the
deficiencies. The department shall respond to the audit
recommendations within a reasonable period of time.
§ 6135.8. Imposition of surcharge.
A property owner that is in violation of a municipal property
maintenance code for more than 120 days may be subject to a
registry surcharge in the amount of $500 for each violation . The
following apply to the surcharge:
(1) The surcharge shall be in addition to any other
applicable fees or charges lawfully collected by the
municipality and court.
(2) The surcharge shall take the form of a lien on the
real property and the municipality shall file the lien with
the county prothonotary or equivalent office.
(3) The county prothonotary or registry shall collect
the surcharge and remit all money to the department on a
quarterly basis.
(4) Money generated by the surcharge shall be used to
finance the ongoing operation of the registry and to
reimburse the department for its administrative costs in
implementing the registry under this subchapter.
(5) Each fiscal year, the department shall transfer 10%
of the money generated by the surcharge in the prior fiscal
year to the unified judicial system to conduct training of
the judiciary in accordance with 42 Pa.C.S. § 1907 (relating
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to deteriorated real property education and training program
for judges).
§ 6135.9. Duty of Attorney General.
(a) Out-of-State property owners.--For a person who lives or
has a principal place of residence outside this Commonwealth and
owns real estate property in this Commonwealth, upon written
request by a municipality, the Attorney General may assist the
municipality in pursuing compliance of the property owner in
order to bring the property up to municipal code if:
(1) A serious code violation has been cited.
(2) The property owner is charged under 18 Pa.C.S.
(relating to crimes and offenses).
(3) The property owner was properly notified of the
violations.
(b) Remedies.--For a violation under subsection (a), the
Attorney General may send a warning letter to the property owner
or file a court proceeding on behalf of the municipality.
§ 6135.10. Appropriation.
The sum of $1,000,000 is hereby appropriated from the General
Fund to the department for the initial Statewide implementation
of the registry for the fiscal year beginning July 1, 2022, and
ending June 30, 2023.
Amend Bill, page 2, line 6, by striking out "2" and inserting
3
Amend Bill, page 7, line 6, by striking out all of said line
and inserting
Section 4. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The addition of 53 Pa.C.S. Ch. 61 Subch. C.1 shall
take effect in 120 days.
(3) The remainder of this act shall take effect in 60
days.
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